ORDINANCE #10-38

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed an update of the Village's Codified Ordinances through the end of 2009, which supplement contains all of the ordinances of a general and permanent nature enacted since the prior 2004 Supplement to the Code of Ordinances of the Village of Evendale; and

WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to the Ohio Revised Code; and

WHEREAS, It is the intent of the Council of the Village of Evendale to accept these updated sections in accordance with and in order to incorporate by reference these changes of the law of the State of Ohio; and

WHEREAS, As a part of the update of the Code of Ordinances of the Village of Evendale prepared by American Legal Publishing Corporation, a Cincinnati company, a series of necessary amendments were noted; and

WHEREAS, These amendment are necessary in order to conform the Evendale Code to certain provisions of the Ohio Revised Code; now,

BE IT THEREFORE ORDAINED BY THE COUNCIL OF THE VILLAGE OF EVENDALE, STATE OF OHIO, members concurring, that:

SECTION 1: The 2009 Supplement to the Codified Ordinances of the Village of Evendale contains amendments and supplements to the Evendale Code of Ordinances adopted since the July 2007 Supplement to the Code of Ordinances of the Village of Evendale prepared by American Legal Publishing Corporation through December 10, 2009, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, as attached hereto, be and the same as hereby adopted by reference with the amendments set forth in Section 3 below as if set out in its entirety herein.

SECTION 2: Such supplement shall be deemed published as of the day of its adoption and approval by the Council of the Village of Evendale, Ohio, and the Clerk is hereby authorized and ordered to insert such supplement into the Code of Ordinances kept on file in the Office of the Village Clerk.

SECTION 3: The following amendments to the 2009 Supplement are hereby adopted and shall become, along with the 2009 Supplement, a part of the Codified Ordinances of the Village of Evendale.

SUBSECTION A. Section 436.01, License Required, of the Codified Ordinances of the Village of Evendale, is hereby amended by repealing Subparagraphs (e) and (g) and amending current Subparagraph (f) to be renumbered as (e) and amended to read as follows:

(e) Any offender, convicted of or who has pleaded guilty to one or more offenses of operating a motor vehicle without a valid license or violations of a substantially equivalent municipal ordinance within the past three years, and if the offender's license was expired for more than six months at the time of the offense, the Mayor's Court shall impose, pursuant to the requirements of the Ohio Revised Code, a Class 7 (a definite period not to exceed one year) suspension of the offender's license, permit or privilege. The Court may not impose a license suspension for a first violation or operating a motor vehicle without a valid license or if more than three years have passed since the offender's last violation of operating a motor vehicle without a valid license.

SUBSECTION B. Section 438.22, Sign or Poster Upon Windshield; Windshield Wiper, Subparagraph (b) shall be amended to read as follows:

(b) No person shall drive any motor vehicle, other than a bus, with any sign, poster or non-transparent material upon the front windshield, side wings, side or rear windows of such vehicle, other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster or decal not to exceed four inches in height by six inches in width, or a student driver sticker or banner issued and displayed in compliance with Ohio R.C. 4507.232. No sign, poster or decal may be displayed in the front window in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.

SUBSECTION C. Section 438.31, Occupant Restraining Device Required, Subsection (g), Penalty, shall be amended to read as follows:

(g) Penalty.

(1) Whoever violates division (b)(1) of this section shall be fined Thirty Dollars ($30.00).

(2) Whoever violates division (b)(2) of this section shall be subject to the penalty set forth in Section 408.02.

(3) Whoever violates division (b)(3) of this section shall be fined Twenty Dollars ($20.00).

(4) Except as otherwise provided in this division, whoever violates division (b)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of division (b)(4) of this section, whoever violates division (b)(4) of this section is guilty of a misdemeanor of the third degree.

SUBSECTION D. Section 438.32, Use of Tinted Glass or Other Vision Obstructing Materials Restricted on the Codified Ordinances of the Village of Evendale, Subsection (f) is hereby amended to read as follows:

(f) With regard to any side windows behind a driver's seat, or any rear window other than any window on an emergency door, this section does not apply to any school bus used to transport a child with disabilities pursuant to a special education program under Ohio R.C. Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, "child with disabilities" and "special education program" have the same meanings as in Ohio R.C. 3323.01.

SUBSECTION E. Section 698.02, Penalties for Misdemeanor of the Codified Ordinances of the Village of Evendale, is hereby amended to provide in Subsection 698.02(b)(5), the deletion of the reference to Ohio R.C. 2941.1414 and replacing it with Ohio R.C. 2941.1416. All other provisions in Section 698.02 of the Codified Ordinances of the Village of Evendale shall remain unchanged.

SECTION 4: This ordinance is declared to be an emergency measure by a concurrence of members of Council. It being necessary to preserve the public peace, order, safety, health or welfare of the Village of Evendale, or to provide for the daily operation of a department or office of the Village of Evendale. It is necessary that this matter be put into immediate effect to ensure that Evendale's Code of Ordinances is up-to-date and the Village is in the best position to be able to enforce its Code. Therefore, this ordinance shall become effective upon its passage.

Approved

Mayor

Attest:

Village Clerk

Approved as to Form:

Village Solicitor

1st Reading: 7/8/10

Rules Suspended:

2nd and 3rd Reading: 8/12/10

Emergency Section Agreed to:

Notice of publication:

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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